Browse Forums General Discussion 1 Jul 16, 2010 9:59 pm Hello, I'm currently building in Sydney and recently our neighbour advised us that his concrete driveway is cracked and believes that our builders/tradespeople were responsible. Our neighbour's driveway is quite large and he has noticed and taken photos of it being used for the purpose of our build. My builder is disputing our neighbour's claims and is saying that the age of the crack pre-dates our build and that it could have been damaged by the trucks our neighbour has had there. I can see both sides of the argument but I'm no forensic specialist in cement cracks. I'm at complete loss with what to do because on one end I have a neighbour claiming damages and a builder disputing them. I don't want to create any problems but surely we shouldn't have to foot the bill our of our own pockets? Any advice would be much appreciated! Re: Seeking advice - neighbour driveway damage 2Jul 17, 2010 9:44 am We had a similar situation with a volume builder where the tradies started using our neighbour's secondary driveway as a carpark. Our neighbour spoke to us about it, and we suggested that legally our Builder had taken over the site, and that we would talk to them, but also encouraged our neighbour to ring the Builder direct to discuss. Thankfully our neighbour understood that there wasn't a lot more we could do for them and pursued the Builder from then on. * Advice based on using a volume builder, who has a "site takeover" clause in their contract * I'd let your neighbour know that whilst you are sympathetic to his claims, your Builder has denied any wrongdoing and that there isn't a great deal you individually can do aside from requesting the Builder not to use their driveway any more. If your neighbour wishes to pursue the Builder directly then that is his choice, but it will not involve you. If you are Owner/Building then I believe things change, as effectively the Builder is a contractor hired by you and you retain responsibility for the site at all times. No choice but to act as the go-between in this scenario. Use your neighbour's pictures as proof/leverage. Built a Tribeca 44 with the Big M Sales Accept 15/06/09, Contract Signed 24/09/09, Site Start 23/11/09, Slab 11/12/09, Frame 12/01/10, Roof 20/01/10, Lock-up 30/03/10, Fixing 30/04/10, Handover 27/08/10. Re: Seeking advice - neighbour driveway damage 3Jul 17, 2010 12:55 pm It's between your neighbour and the builder. If the neighbour wants to take it further, that's their call. It's no different to a visitor to your home backing into your neighbour's letterbox or something similar. A bit awkward for you, but not your fault.... Re: Seeking advice - neighbour driveway damage 4Jul 17, 2010 7:49 pm Does that also apply to a builder who uses your block to gain access to a neighbouring build site? Having to remove temporary fencing to gain access. Dear J.K. Rowling, Your books are entirely unrealistic. I mean, a ginger kid with two friends? Sincerely, Anonymous Re: Seeking advice - neighbour driveway damage 5Aug 11, 2010 11:26 am The Little Misses Does that also apply to a builder who uses your block to gain access to a neighboring build site? Having to remove temporary fencing to gain access. If you owned the block at the point that the 3rd party builder used the block to access your neighbors block. Then they must have permission to use the block for access (unless its in a clause or it the council doing it) From yourself or the builder if they have "taken control/responsibility" of the block. If the 3rd party used the block for access before you purchased it, they would need permission from the owner/agent and it would be up to the previous owner to chase any damage. In either case, the 3rd party builder/contractor must restore the site to its original condition when/if requested unless the disturbance cause is unlikely to affect the end product eg. the 3rd party disturbs the site but thh site is to be cut/filled anyway Re: Seeking advice - neighbour driveway damage 6Aug 11, 2010 1:52 pm chrisandkate The Little Misses Does that also apply to a builder who uses your block to gain access to a neighboring build site? Having to remove temporary fencing to gain access. If you owned the block at the point that the 3rd party builder used the block to access your neighbors block. Then they must have permission to use the block for access (unless its in a clause or it the council doing it) From yourself or the builder if they have "taken control/responsibility" of the block. If the 3rd party used the block for access before you purchased it, they would need permission from the owner/agent and it would be up to the previous owner to chase any damage. In either case, the 3rd party builder/contractor must restore the site to its original condition when/if requested unless the disturbance cause is unlikely to affect the end product eg. the 3rd party disturbs the site but thh site is to be cut/filled anyway Thanks for your reply. We are only weeks away from our house being completed, and the neighbour has only just just started their build, so all their deliveries, guttering, bricks and the likes, are all being taken through our block it seems. Once we move in, if it continues, i'll be having a word to their builders. Our temporary fencing is gone now, so no doubt they will be using that to their own advantage. Not for long though. Dear J.K. Rowling, Your books are entirely unrealistic. I mean, a ginger kid with two friends? Sincerely, Anonymous Re: Seeking advice - neighbour driveway damage 7Aug 11, 2010 2:40 pm mh125 Hello, I'm currently building in Sydney and recently our neighbour advised us that his concrete driveway is cracked and believes that our builders/tradespeople were responsible. Our neighbour's driveway is quite large and he has noticed and taken photos of it being used for the purpose of our build. My builder is disputing our neighbour's claims and is saying that the age of the crack pre-dates our build and that it could have been damaged by the trucks our neighbour has had there. I can see both sides of the argument but I'm no forensic specialist in cement cracks. I'm at complete loss with what to do because on one end I have a neighbor claiming damages and a builder disputing them. I don't want to create any problems but surely we shouldn't have to foot the bill our of our own pockets? Any advice would be much appreciated! Possibly if you look to this problem as something you need to discover with your neighbors. Your neighbor could be a bandit* , in which case you have a buffer(the builder) to find this out.Its good to know if your neighbor is a bandit* from the start. On the other hand if the cracks are new or have been enlarged by the builders activity its the right of the neighbor to complain and want recompense. Without knowing if you are the main contractor or have no legal presence on the block , i would go to your neighbor and ask him to write out a report for you so you can understand what hes saying and asking for,signed and dated.YOU Put a sign on the edge of the fence line asking tradeys not to use any part of the adjoining property right now.You need a sign there because as a tradey we don't care what the supervisors say, but a noticeable sign will be duly noted.Put the sigh up now and then knock on the neighbors door. If the builders have control of your block still do the sign and ask for a written report , your the one who has to live next to them, you need to be 100% aware of what he is saying, because by mentioning it to you he is asking you as a new neighbor for your due diligence in this combined problem. Re: Seeking advice - neighbour driveway damage 8Aug 11, 2010 2:47 pm Hi MH Did your builder complete a dilapidation report before you started building? Our report was a condition of the DA prior to the building being commenced. It reports on the condition of the neighbouring properties. Not sure if it would include driveways, but if there was a substantial crack, they might have noted it. Cheers Bel Still not in. Don't ask!? Hi everyone! This is my first time posting here, and I'm looking for some advice regarding my house construction project in North Kellyville. 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